Read the full judgment text of CACC 93/2019 on BabelCite. This Court of Appeal judgment was delivered on 25 February 2021 before Yeung VP, Macrae VP, Zervos JA.
Criminal law – drug trafficking – forfeiture of money – Dangerous Drugs Ordinance (Cap 134) s.56(1)(a) – applicant convicted of drug trafficking after arriving in Hong Kong from Tanzania with cash intended to support her entry or maintenance whilst trafficking drugs – trial judge ordered forfeiture of money – whether money intended for use but not yet actually used in connection with a drugs offence falls within s.56(1)(a) – interpretation of 'has been used in the commission of or in connection with an offence' – applicant sought Certificate that question of law of great and general importance was involved – whether point reasonably arguable – word 'used' given ordinary meaning of 'employed, or made use of, for a particular end or purpose' – purposive and common sense approach adopted – court followed Chalmers v The Queen and Commonwealth DPP v Little – international drug trafficker carrying money to support drug trafficking operation has 'used' that money regardless of whether it was physically produced or spent – application for Certificate refused – no question of law of great and general importance arises.
Legal issues: Whether money intended for use in drug trafficking falls within s.56(1)(a) DDO forfeiture
Outcome: Application for Certificate refused; no question of law of great and general importance certified.
Cited by 105 cases